Hindu Succession Act , 1956 , Class I heirs includes daughters who are also entitled to the share of property when parents die intestate

HINDU SUCCESSION ACT : DAUGHTERS ALSO ENTITLED TO PROPERTY SHARE IF PARENTS DIE INTESTATE

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The Supreme Court bench consisting of Justice Uday Umesh Lalit and Justice Indu Malhotra noted that as per the 

HINDU SUCCESSION ACT : DAUGHTERS ALSO ENTITLED TO PROPERTY SHARE IF PARENTS DIE INTESTATE

 Names Posted 23 hour(s) ago 

The Supreme Court bench consisting of Justice Uday Umesh Lalit and Justice Indu Malhotra noted that as per the Hindu Succession Act , 1956 , Class I heirs includes daughters who are also entitled to the share of property when parents die intestate. The court allowed the appeal by the daughter and set aside the judgments of the Allahabad High Court and Trial Courts .

The case was about property share for daughters. But the case began with the filing of suit by son for getting certain properties which fell into his share after partition between father , mother and three sons. Later , four daughters joined in as defendants .

The Trial Court gave decree in favour of the plaintiff son .

Defendant daughter,Maya Prakash Jain , filed a suit before Court of Civil Judge (Senior Division ), Meerut . Then another daughter , Srikanta jain , filed an application before the same court seeking to be a defendant in the said suit which the court dismissed.

Aggrieved , Civil Revision was filed before the High Court of Allahabad where the court dismissed the same.

So, an appeal was filed before the top Court where the court opined :

“On the death of father and mother , if they died intestate , then under the principles of the Hindu Succession Act , every Class I heir including the daughters , would be entitled to a share in the property left behind by their parents .” This is one of the top legal judgments in India.

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. The court allowed the appeal by the daughter and set aside the judgments of the Allahabad High Court and Trial Courts .

The case was about property share for daughters. But the case began with the filing of suit by son for getting certain properties which fell into his share after partition between father , mother and three sons. Later , four daughters joined in as defendants .

The Trial Court gave decree in favour of the plaintiff son .

Defendant daughter,Maya Prakash Jain , filed a suit before Court of Civil Judge (Senior Division ), Meerut . Then another daughter , Srikanta jain , filed an application before the same court seeking to be a defendant in the said suit which the court dismissed.

Aggrieved , Civil Revision was filed before the High Court of Allahabad where the court dismissed the same.

So, an appeal was filed before the top Court where the court opined :

“On the death of father and mother , if they died intestate , then under the principles of the Hindu Succession Act , every Class I heir including the daughters , would be entitled to a share in the property left behind by their parents .” This is one of the top legal judgments in India.

Read the Judgement

Note:- We try our level best to avoid any kind of abusive content posted by users. Kindly report to us if you notice any, pathlegal@gmail.com